§ 22-42-1 Definitions
§ 22-42-2 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances–Violation–Mandatory sentences
§ 22-42-2.1 Written prescription required to dispense Schedule II substance–Refills prohibited–Felony
§ 22-42-2.2 Oral prescription permitted for Schedule II substance under specified conditions
§ 22-42-2.3 Mitigating circumstances–Departure from mandatory sentence
§ 22-42-2.5 Findings required for sentence imposed without regard to statutory minimum sentence
§ 22-42-3 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony–Mandatory sentences
§ 22-42-4 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony–Mandatory sentences
§ 22-42-4.1 Prescription required to dispense Schedule III or Schedule IV substance–Refill restricted–Felony
§ 22-42-4.2 Schedule II, III, or IV substances to be distributed only for a medical purpose
§ 22-42-4.3 Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony–Mandatory sentences
§ 22-42-5 Unauthorized possession of controlled drug or substance as felony
§ 22-42-5.1 Unauthorized ingestion of controlled drug or substance as felony
§ 22-42-6 Possession of marijuana prohibited–Degrees according to amount
§ 22-42-7 Distribution or possession with intent to distribute specified amounts of marijuana
§ 22-42-8 Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud
§ 22-42-9 Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony
§ 22-42-10 Keeping place for use or sale of controlled substances as felony
§ 22-42-11 Inhabiting room where controlled substances illegally stored or used as misdemeanor
§ 22-42-12 Civil fine for violation of regulatory provisions–Additional fine remitted to drug abuse or rehabilitation program
§ 22-42-13 Criminal penalties in addition to civil and administrative penalties
§ 22-42-15 Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor–Venue for violation
§ 22-42-15.1 Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor
§ 22-42-16 Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony
§ 22-42-17 Controlled substances obtained concurrently from different medical practitioners–Misdemeanor
§ 22-42-19 Drug free zones created–Violation as felony–Sentence–Defense
§ 22-42-20 Violation of drug-free zones as separate count in indictment
§ 22-42-21 Lack of knowledge as to age of minor not a defense
§ 22-42-22 Possession of Salvia divinorum or salvinorin A prohibited–Felony or misdemeanor
§ 22-42-23 Controlled Substance–Pregnancy–Assault
§ 22-42-24 Driver–Use of marijuana–Motor vehicle–Misdemeanor
§ 22-42-25 Passenger–Use of marijuana–Motor vehicle–Misdemeanor
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Terms Used In South Dakota Codified Laws > Title 22 > Chapter 42 - Controlled Substances and Marijuana

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Venue: The geographical location in which a case is tried.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2